• The respondent can be evicted from a residence shared with the petitioner. Unless the order calls for an eviction, it is not an eviction notice. The petitioner will need a copy of the lease or mortgage.

• The court can issue a "writ of assistance" for you to retrieve emergency belongings for yourself and/or your children. The civil sheriff will then accompany you to the residence for your safety.

• A respondent may be ordered (at the permanent protective order hearing) to pay child support or maintenance if he or she is married to the petitioner but divorce is not filed.

• The judge may require the respondent or the petitioner, or both, to attend counseling or domestic violence education and require the respondent to pay the cost of the counseling. This is determined at the permanent protective order hearing.

• Under certain circumstances the judge may require the respondent to turn over any firearms for the duration of the protective order.
  

Who can get a Protective Order?

Anyone over 18 is qualified to get a protective order when they or their property have been threatened or physically abused. A parent or legal guardian can get the order on behalf of a minor if they live in the same household.

The petitioner must know the respondents full name for an order to be issued. The home or work address is necessary for the respondent to be served by the civil sheriff, although an emergency order can be granted if no address is known. The respondents date of birth or social security number is required for the order to be entered in the national registry of protective orders. If neither number is known the order will be entered in the Marion County registry only.


How much does it cost to file for a Protective Order?

Filing fees total $104. If you cannot afford the fee, ask the court to waive it. The judge determines at the hearing who will pay the remaining amount. The respondent can be ordered to reimburse the petitioner the initial payment. Payment may not be made by check or credit card.


THE PROTECTIVE ORDER PROCESS

To obtain a protective order, you must go through two major steps, the Emergency Protective Order and a hearing for it to be made a Permanent Protective Order.


STEP 1: The Emergency Protective Order

To get a protective order you must first see the protective order intake clerk. The intake clerk is located in the Superior Court office located at 205 E.Main St. in Paoli, Indiana Hours for protective order intake are 8:30 a.m. to 4:00 p.m. Monday through Friday. You will fill out petition forms with the assistance of the intake clerk. On the petition, describe the specific incidents that made you decide to get a protective order. You need to be brief but complete and include dates, as accurately as possible, on which the incidents occurred. You will then be directed to Superior Court where the judge will review your petition and may ask you some additional questions.

One of three things happens when you request an emergency protective order.

1. The judge may grant the emergency protective order and set a hearing date to determine if the order is to be made permanent. A permanent protective order is valid for one year. The hearing will occur within 60 days of your request for an emergency protective order. An emergency protective order is in effect when the judge signs it. However, the respondent cannot be held responsible for following the order until he or she is served that is, officially notified of the order.
2. The judge may deny the emergency protective order, but set a date for a hearing at which you and the respondent will testify. At the hearing, the judge may decide to issue a permanent protective order if he or she finds a basis for the order.
3. The judge may deny the order and deny a further hearing on the matter if he or she finds no basis for the order. In this case, the judge may refer you to another court or suggest other options would be more appropriate for your situation.

This procedure may take up to several hours depending on the courts schedule. If possible make arrangements for childcare before starting the protective order process. However, a waiting area suitable for children is available.


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How will the respondent be notified?

A protective order is "served" when the civil sheriff delivers a copy to the respondents address and another copy is mailed by the court. This usually takes 3-5 business days for service within Orange County, or two weeks if out of the county. 

If law enforcement assists you with an eviction or writ of assistance, they may serve the respondent at that time. If you call law enforcement because of further problems from the respondent, the order may be served using extra copies given to you by the court.

STEP 2: The Permanent Protective Order Hearing

A hearing before a judge is the second step in getting a protective order. At this hearing, the emergency order expires and the order may be extended for one year (a permanent order). The date and time of this hearing will be given with your emergency protective order. Certain things must happen before a judge can consider granting a permanent protective order:

1. The respondent must have been notified of the order
2. The petitioner must be present at the hearing..

The respondent may choose to not attend. If the petitioner does not attend the hearing the order will expire, and court costs may be assessed and entered as a judgment against his or her credit history. In addition the court may notify or summons the petitioner to attend a later hearing. A continuance (new hearing date) or reinstatement of the emergency order may be requested in person at the court that hears the case. If the petitioner wants to dismiss the order, a request for dismissal can be filed. This must be done in person, at the court office or by appearing at the hearing to explain this to the judge.


What happens at the hearing?

When your case is called, you will tell the judge why you feel you need a permanent protective order. The judge will give both you and the respondent time to speak. The respondent may agree to the permanent order.

If he or she does not agree, both you and the respondent will testify to the events on the petition and will have an opportunity to ask each other questions. Both of you may bring in witnesses and evidence to support your sides in the case. If the judge decides to not issue a permanent protective order, you may ask for an explanation.

A permanent protective order can be renewed for one additional year. To renew an order, you must go in person to court at least two weeks before the order expires and request that it be renewed. There is no filing fee to renew an unexpired order.


Tips for going to and from court

Due to the formal nature of the hearings, children under 16 are allowed only if they are witnesses in the case. Dress should be appropriate and reflect the importance of the hearing. Shorts will not be permitted in court.

Asking a friend or family member to accompany you to court may help you feel more calm. Law enforcement can provide an escort to the courtroom if requested at the information desk in the Superior Court Building main lobby. You may ask the judge for an escort to your car, or ask that the respondent be held in court while you leave.


How to enforce a Protective Order

In Indiana it is a crime to violate a protective order by direct or indirect means. It is called invasion of privacy and is punishable by law. A respondent who violates a protective order can also be found in contempt of court.

A protective order applies anywhere the petitioner goes. Keep it with you at all times. Other people can call the police on your behalf if they see the respondent violating the protective order. You may give copies to neighbors, co-workers and workplace security, apartment security, day care or school, and others who might help you enforce the order. It is helpful to keep a logbook to record the date, time, location, and witnesses of incidents that may be violations. Record exactly what the respondent did or said that may be a violation of the order.

Service must be done before a respondent can be held responsible for following an order

In case of violations:

1) Call 911 in an emergency and tell them you have a protective order.

2) If it is not an emergency or the respondent is not arrested, and you wish to file a criminal complaint, call the prosecutor for information at 723-3600 or Law Enforcement at (812) 723-2417 or (812) 936-9811.